This regulation prescribes mandatory conditions and record-keeping for holders of exhibited-animal authorities: what identification is required for animals and enclosures, signage, desexing adult rabbits, interstate arrival/departure notices, and a schedule of fees (see ss 7, 9–11, 13–14, 19, 16–18).
Authority holders pay fees and must create, retain and supply specified records and notify the chief executive of lost records or movements (ss 12, 14, 16–18). A veterinary certificate can exempt prescribed identification where it poses a health risk (s 11); records must be retained for two years after specified events (s 17).
This regulation prescribes mandatory conditions, identification methods and recordkeeping requirements for holders of exhibited animal authorities under the Act. Mechanically, it does the following.
Declares the regulation’s commencement date (1 July 2016) and short title (Exhibited Animals Regulation 2016) (s 1, s 2).
Implements authorised animal categories by declaring that each authorised animal listed in schedule 1 is an authorised animal (category C1) for the purposes of the Act (s 4).
Prescribes definitions used across the regulation, notably the defined concept of a group animal and the meaning of a prescribed way to identify an animal (s 3; s 5).
Adds mandatory conditions to exhibited animal authorities (prescribed for Act s 69) that require signage for enclosures, specific identification of particular animals, standards for exemptions, requirements to notify loss of required records, desexing obligations for adult rabbits, and arrival/departure notices for interstate exhibitors (Pt 3, Divs 1 and 2; ss 6, 7, 9-14).
Prescribes recordkeeping obligations (prescribed for Act s 86): which information must be recorded and the timeframes for making and keeping records; it also requires records to be provided on transfer of an animal (Pt 4; ss 15-18).
Sets fees payable under the Act in schedule 3 and contains transitional provisions including fee exemptions for certain official assessments and transitional identification rules for animals held before commencement (s 19; Pt 6).
Defines mechanisms for exemption from specified identification methods when a veterinary surgeon certifies that the prescribed method would pose a serious health risk, while still obliging an alternative effective identification (s 11).
Current sections
Direct links to the current provisions in Exhibited Animals Regulation 2016.
37
pt.1
Preliminary
Preliminary
sec.1
Short title
sec.1 Short title
This regulation may be cited as the Exhibited Animals Regulation 2016 .
sec.2
Commencement
sec.2 Commencement
This regulation commences on 1 July 2016.
sec.3
Definitions
sec.3 Definitions
The dictionary in schedule 4 defines particular words used in this regulation.
pt.2
Authorised animals
Authorised animals
sec.4
Authorised animals (category C1)— Act , s 35
sec.4 Authorised animals (category C1)— Act , s 35
For section 35 (2) of the Act , each authorised animal (category C) mentioned in schedule 1 is an authorised animal (category C1).
pt.3
Mandatory conditions of exhibited animal authorities
Mandatory conditions of exhibited animal authorities
pt.3-div.1
Preliminary
Preliminary
sec.5
Definitions for part
sec.5 Definitions for part
In this part—
group animal means any of the following authorised animals—
an animal of a species exhibited in a group of animals of the species (the exhibited group ), if—
the exhibited group is of a size making it impracticable to identify the animal as a particular animal; and
animals of the species would normally live in the wild in groups no smaller than the exhibited group;
a school of fish of a species that in the wild would live in schools
an animal of a species that, on average, has a life expectancy of less than 3 years;
an animal that, as an adult animal in the wild, would normally weigh less than 20g;
an immature vertebrate that is dependent on the care of an adult animal for its survival;
an animal whose immature form makes it impracticable to identify the animal as a particular animal.
a clutch of eggs being incubated
prescribed way , for identifying an authorised animal as a particular animal, means—
a microchip inserted into the animal from which a unique identifying code for the animal can be reproduced; or
a tattoo on the animal’s skin showing a unique identifying code for the animal; or
an ear tag or leg band attached to the animal showing a unique identifying code for the animal.
(a) an animal of a species exhibited in a group of animals of the species (the exhibited group ), if— (i) the exhibited group is of a size making it impracticable to identify the animal as a particular animal; and (ii) animals of the species would normally live in the wild in groups no smaller than the exhibited group; Example of an animal for paragraph (a) — a school of fish of a species that in the wild would live in schools
(i) the exhibited group is of a size making it impracticable to identify the animal as a particular animal; and
(ii) animals of the species would normally live in the wild in groups no smaller than the exhibited group;
(b) an animal of a species that, on average, has a life expectancy of less than 3 years;
(c) an animal that, as an adult animal in the wild, would normally weigh less than 20g;
(d) an immature vertebrate that is dependent on the care of an adult animal for its survival;
(e) an animal whose immature form makes it impracticable to identify the animal as a particular animal. Example of an animal for paragraph (e) — a clutch of eggs being incubated
(i) the exhibited group is of a size making it impracticable to identify the animal as a particular animal; and
(ii) animals of the species would normally live in the wild in groups no smaller than the exhibited group;
(a) a microchip inserted into the animal from which a unique identifying code for the animal can be reproduced; or
(b) a tattoo on the animal’s skin showing a unique identifying code for the animal; or
(c) an ear tag or leg band attached to the animal showing a unique identifying code for the animal.
sec.6
Mandatory conditions of exhibited animal authority— Act , s 69
sec.6 Mandatory conditions of exhibited animal authority— Act , s 69
This part prescribes, for section 69 (1) (l) of the Act , mandatory conditions of an exhibited animal authority.
pt.3-div.2
Conditions about identifying authorised animals
Conditions about identifying authorised animals
sec.7
Identifying species of animal in an enclosure
sec.7 Identifying species of animal in an enclosure
It is a condition of an exhibited animal authority that if an authorised animal is in an enclosure, the authority holder must ensure there is attached to the enclosure, in a prominent position, a sign stating the scientific and common names of the species of the animal.
sec.8
Application of subdivision
sec.8 Application of subdivision
This subdivision does not apply to a group animal.
Some authorised animals are group animals only while they are at a particular stage of their development. See section 5 , definition group animal , paragraphs (d) and (e) .
sec.9
Identifying particular authorised animals (category B)
sec.9 Identifying particular authorised animals (category B)
It is a condition of an exhibited animal authority that the authority holder must ensure—
an authorised animal (category B) that is a frog, glider or rodent is identified as a particular animal—
in a prescribed way; or
in another way that effectively identifies the animal as a particular animal; and
by a photograph showing distinguishable markings or colourations on the animal
an authorised animal (category B) that is a dingo or rabbit is identified as a particular animal in a prescribed way.
In this section—
dingo means a dingo ( Canus lupus dingo ).
(sec.9-ssec.1) It is a condition of an exhibited animal authority that the authority holder must ensure— an authorised animal (category B) that is a frog, glider or rodent is identified as a particular animal— in a prescribed way; or in another way that effectively identifies the animal as a particular animal; and by a photograph showing distinguishable markings or colourations on the animal an authorised animal (category B) that is a dingo or rabbit is identified as a particular animal in a prescribed way.
(sec.9-ssec.2) In this section— dingo means a dingo ( Canus lupus dingo ).
(a) an authorised animal (category B) that is a frog, glider or rodent is identified as a particular animal— (i) in a prescribed way; or (ii) in another way that effectively identifies the animal as a particular animal; and Example of another way— by a photograph showing distinguishable markings or colourations on the animal
(i) in a prescribed way; or
(ii) in another way that effectively identifies the animal as a particular animal; and Example of another way— by a photograph showing distinguishable markings or colourations on the animal
(b) an authorised animal (category B) that is a dingo or rabbit is identified as a particular animal in a prescribed way.
(i) in a prescribed way; or
(ii) in another way that effectively identifies the animal as a particular animal; and Example of another way— by a photograph showing distinguishable markings or colourations on the animal
sec.10
Identifying other authorised animals (category B) and authorised animals (category C)
sec.10 Identifying other authorised animals (category B) and authorised animals (category C)
This section applies to an exhibition licence or an interstate exhibitors permit for—
an authorised animal (category B), other than an animal mentioned in section 9 ; or
an authorised animal (category C).
It is a condition of the exhibition licence that the authority holder must ensure the authorised animal is identified as a particular animal—
in a prescribed way; or
in another way that effectively identifies the animal as a particular animal.
However, if the authorised animal is exhibited outside its regular enclosure or a regular enclosure site under the exhibition licence, it is a condition of the licence that the authority holder must ensure the animal is identified as a particular animal in a prescribed way.
It is a condition of the interstate exhibitors permit that the authority holder must ensure the authorised animal is identified as a particular animal in a prescribed way.
See section 20 .
(sec.10-ssec.1) This section applies to an exhibition licence or an interstate exhibitors permit for— an authorised animal (category B), other than an animal mentioned in section 9 ; or an authorised animal (category C).
(sec.10-ssec.2) It is a condition of the exhibition licence that the authority holder must ensure the authorised animal is identified as a particular animal— in a prescribed way; or in another way that effectively identifies the animal as a particular animal.
(sec.10-ssec.3) However, if the authorised animal is exhibited outside its regular enclosure or a regular enclosure site under the exhibition licence, it is a condition of the licence that the authority holder must ensure the animal is identified as a particular animal in a prescribed way.
(sec.10-ssec.4) It is a condition of the interstate exhibitors permit that the authority holder must ensure the authorised animal is identified as a particular animal in a prescribed way. See section 20 .
(a) an authorised animal (category B), other than an animal mentioned in section 9 ; or
(b) an authorised animal (category C).
(a) in a prescribed way; or
(b) in another way that effectively identifies the animal as a particular animal.
sec.11
Exemption from and alternative to identifying animal in a prescribed way
sec.11 Exemption from and alternative to identifying animal in a prescribed way
Despite sections 9 and 10 , an authority holder is not required to ensure an authorised animal is identified in a prescribed way if the holder obtains a signed certificate (an exemption certificate ) from a veterinary surgeon stating that identifying the animal in the prescribed way would pose a serious risk to its health.
However, if the authority holder obtains an exemption certificate for an authorised animal, it is a condition of the authority that the holder must ensure the animal is identified in a way, other than a prescribed way mentioned in the certificate, that effectively identifies the animal as a particular animal.
(sec.11-ssec.1) Despite sections 9 and 10 , an authority holder is not required to ensure an authorised animal is identified in a prescribed way if the holder obtains a signed certificate (an exemption certificate ) from a veterinary surgeon stating that identifying the animal in the prescribed way would pose a serious risk to its health.
(sec.11-ssec.2) However, if the authority holder obtains an exemption certificate for an authorised animal, it is a condition of the authority that the holder must ensure the animal is identified in a way, other than a prescribed way mentioned in the certificate, that effectively identifies the animal as a particular animal.
sec.12
Notifying loss of required record
sec.12 Notifying loss of required record
It is a condition of an exhibited animal authority that if the authority holder loses a required record, the holder must give the chief executive notice of the loss, as soon as practicable but no later than 7 days after the loss.
In this section—
loss , of a required record, includes—
the destruction or theft of the record; and
for a record in paper form—damage to the record causing it to be illegible; and
for a record in electronic form—inability to reproduce the record in a legible form.
required record means a record of information the authority holder is required to keep under section 17 .
(sec.12-ssec.1) It is a condition of an exhibited animal authority that if the authority holder loses a required record, the holder must give the chief executive notice of the loss, as soon as practicable but no later than 7 days after the loss.
(sec.12-ssec.2) In this section— loss , of a required record, includes— the destruction or theft of the record; and for a record in paper form—damage to the record causing it to be illegible; and for a record in electronic form—inability to reproduce the record in a legible form. required record means a record of information the authority holder is required to keep under section 17 .
(a) the destruction or theft of the record; and
(b) for a record in paper form—damage to the record causing it to be illegible; and
(c) for a record in electronic form—inability to reproduce the record in a legible form.
sec.13
Desexing adult rabbit
sec.13 Desexing adult rabbit
This section applies to an exhibited animal authority for an authorised animal that is an adult rabbit.
It is a condition of the authority that the authority holder must—
ensure the rabbit is desexed and obtain a signed certificate from a veterinary surgeon or veterinary practitioner stating the rabbit has been desexed; or
obtain a signed certificate from a veterinary surgeon stating that desexing the rabbit would pose a serious risk to its health.
The authority holder must comply with subsection (2) —
if the holder obtains the rabbit as an adult rabbit—as soon as practicable after obtaining the rabbit; or
otherwise—no later than when the rabbit is 6 months old.
In this section—
adult rabbit means a rabbit that is at least 6 months old.
desex , for a rabbit, means to surgically remove the rabbit’s gonads to make it permanently incapable of reproducing.
veterinary practitioner see the Veterinary Surgeons Act 1936 , schedule .
(sec.13-ssec.1) This section applies to an exhibited animal authority for an authorised animal that is an adult rabbit.
(sec.13-ssec.2) It is a condition of the authority that the authority holder must— ensure the rabbit is desexed and obtain a signed certificate from a veterinary surgeon or veterinary practitioner stating the rabbit has been desexed; or obtain a signed certificate from a veterinary surgeon stating that desexing the rabbit would pose a serious risk to its health.
(sec.13-ssec.3) The authority holder must comply with subsection (2) — if the holder obtains the rabbit as an adult rabbit—as soon as practicable after obtaining the rabbit; or otherwise—no later than when the rabbit is 6 months old.
(sec.13-ssec.4) In this section— adult rabbit means a rabbit that is at least 6 months old. desex , for a rabbit, means to surgically remove the rabbit’s gonads to make it permanently incapable of reproducing. veterinary practitioner see the Veterinary Surgeons Act 1936 , schedule .
(a) ensure the rabbit is desexed and obtain a signed certificate from a veterinary surgeon or veterinary practitioner stating the rabbit has been desexed; or
(b) obtain a signed certificate from a veterinary surgeon stating that desexing the rabbit would pose a serious risk to its health.
(a) if the holder obtains the rabbit as an adult rabbit—as soon as practicable after obtaining the rabbit; or
(b) otherwise—no later than when the rabbit is 6 months old.
sec.14
Notice of arrival in and departure from the State for interstate exhibitors permit
sec.14 Notice of arrival in and departure from the State for interstate exhibitors permit
It is a condition of an interstate exhibitors permit that the authority holder must, at least 14 days before bringing an authorised animal into the State, give the chief executive a notice stating—
the day the animal is to be brought into the State (the arrival day ); and
the day the animal is to be removed from the State (the departure day ).
It is also a condition of the permit that if, after giving the notice, the authority holder expects, or ought reasonably to expect, it will be necessary to change the arrival day or departure day, the authority holder must, as soon as practicable, give the chief executive notice of the change.
See section 68 (3) of the Act for the maximum term of an interstate exhibitors permit.
(sec.14-ssec.1) It is a condition of an interstate exhibitors permit that the authority holder must, at least 14 days before bringing an authorised animal into the State, give the chief executive a notice stating— the day the animal is to be brought into the State (the arrival day ); and the day the animal is to be removed from the State (the departure day ).
(sec.14-ssec.2) It is also a condition of the permit that if, after giving the notice, the authority holder expects, or ought reasonably to expect, it will be necessary to change the arrival day or departure day, the authority holder must, as soon as practicable, give the chief executive notice of the change. See section 68 (3) of the Act for the maximum term of an interstate exhibitors permit.
(a) the day the animal is to be brought into the State (the arrival day ); and
(b) the day the animal is to be removed from the State (the departure day ).
pt.4
Record requirements
Record requirements
sec.15
Record requirements— Act , s 86
sec.15 Record requirements— Act , s 86
This part prescribes, for section 86 (1) of the Act , record requirements for the holder of an exhibited animal authority for exhibiting or dealing with an authorised animal.
sec.16
Recording information
sec.16 Recording information
The authority holder must make a written record of—
the information mentioned in schedule 2 , part 1 for each species of authorised animal; and
the information mentioned in schedule 2 , part 2 for each authorised animal.
The authority holder must make the record of the information as soon as practicable, but no later than 7 days, after the holder becomes aware, or ought reasonably to have become aware, of the information.
(sec.16-ssec.1) The authority holder must make a written record of— the information mentioned in schedule 2 , part 1 for each species of authorised animal; and the information mentioned in schedule 2 , part 2 for each authorised animal.
(sec.16-ssec.2) The authority holder must make the record of the information as soon as practicable, but no later than 7 days, after the holder becomes aware, or ought reasonably to have become aware, of the information.
(a) the information mentioned in schedule 2 , part 1 for each species of authorised animal; and
(b) the information mentioned in schedule 2 , part 2 for each authorised animal.
sec.17
Keeping record of information
sec.17 Keeping record of information
The authority holder must keep the record of the information for an authorised animal until the end of the first of the following periods to end in relation to the animal—
if the record relates to an authorised animal that has died—2 years after the animal’s death;
if the record relates to an authorised animal that has stopped being an authorised animal under the exhibited animal authority—2 years after the animal has stopped being an authorised animal;
if the exhibited animal authority ends—2 years after the authority ends;
if the authority holder stops being the holder of the authority—2 years after the holder stops being the holder.
The holder of an exhibition licence must keep the record of the information for an authorised animal at each premises where a regular enclosure site for the animal is located.
(sec.17-ssec.1) The authority holder must keep the record of the information for an authorised animal until the end of the first of the following periods to end in relation to the animal— if the record relates to an authorised animal that has died—2 years after the animal’s death; if the record relates to an authorised animal that has stopped being an authorised animal under the exhibited animal authority—2 years after the animal has stopped being an authorised animal; if the exhibited animal authority ends—2 years after the authority ends; if the authority holder stops being the holder of the authority—2 years after the holder stops being the holder.
(sec.17-ssec.2) The holder of an exhibition licence must keep the record of the information for an authorised animal at each premises where a regular enclosure site for the animal is located.
(a) if the record relates to an authorised animal that has died—2 years after the animal’s death;
(b) if the record relates to an authorised animal that has stopped being an authorised animal under the exhibited animal authority—2 years after the animal has stopped being an authorised animal;
(c) if the exhibited animal authority ends—2 years after the authority ends;
(d) if the authority holder stops being the holder of the authority—2 years after the holder stops being the holder.
sec.18
Giving record of information
sec.18 Giving record of information
This section applies to the holder of an exhibition licence for an authorised animal who sells or gives the animal to a person under section 42 of the Act .
The holder must give the person a copy of the record of the information for the animal when the person takes possession of the animal.
(sec.18-ssec.1) This section applies to the holder of an exhibition licence for an authorised animal who sells or gives the animal to a person under section 42 of the Act .
(sec.18-ssec.2) The holder must give the person a copy of the record of the information for the animal when the person takes possession of the animal.
pt.5
Miscellaneous
Miscellaneous
sec.19
Fees
sec.19 Fees
The fees payable under the Act are stated in schedule 3 .
s 19 amd 2024 SL No. 108 s 4
pt.6
Transitional provisions
Transitional provisions
pt.6-div.1
Transitional provision for SL No. 69 of 2016
Transitional provision for SL No. 69 of 2016
sec.20
Condition of particular exhibited animal authority
sec.20 Condition of particular exhibited animal authority
This section applies to an exhibited animal authority for an authorised animal to which section 10 applies—
if the authority holder possessed the animal immediately before the commencement; and
while the authority holder possesses the animal.
It is a condition of the exhibited animal authority that the holder must ensure the authorised animal is identified as a particular animal—
in a prescribed way; or
in another way that effectively identifies the animal as a particular animal.
While the condition mentioned in subsection (2) applies, a condition mentioned in section 10(3) or (4) does not apply to the exhibited animal authority for the authorised animal.
(sec.20-ssec.1) This section applies to an exhibited animal authority for an authorised animal to which section 10 applies— if the authority holder possessed the animal immediately before the commencement; and while the authority holder possesses the animal.
(sec.20-ssec.2) It is a condition of the exhibited animal authority that the holder must ensure the authorised animal is identified as a particular animal— in a prescribed way; or in another way that effectively identifies the animal as a particular animal.
(sec.20-ssec.3) While the condition mentioned in subsection (2) applies, a condition mentioned in section 10(3) or (4) does not apply to the exhibited animal authority for the authorised animal.
(a) if the authority holder possessed the animal immediately before the commencement; and
(b) while the authority holder possesses the animal.
(a) in a prescribed way; or
(b) in another way that effectively identifies the animal as a particular animal.
pt.6-div.2
Transitional provision for Exhibited Animals (Fees) Amendment Regulation 2024
Transitional provision for Exhibited Animals (Fees) Amendment Regulation 2024
sec.21
Exemption from fees for official assessment (application)
sec.21 Exemption from fees for official assessment (application)
This section applies if—
before the commencement—
a person made an application of a type mentioned in section 103 (1) (a) or (b) of the Act ; and
the person gave the chief executive written consent to an official assessment (application) of an animal, enclosure or place to which the application relates; and
from the commencement, the official assessment (application) is carried out.
The person is exempt from payment of the following fees for the official assessment (application)—
the fee for carrying out the assessment under schedule 3, item 9;
the fee for travel associated with carrying out the assessment under schedule 3, item 10.
s 21 ins 2024 SL No. 108 s 7
(sec.21-ssec.1) This section applies if— before the commencement— a person made an application of a type mentioned in section 103 (1) (a) or (b) of the Act ; and the person gave the chief executive written consent to an official assessment (application) of an animal, enclosure or place to which the application relates; and from the commencement, the official assessment (application) is carried out.
(sec.21-ssec.2) The person is exempt from payment of the following fees for the official assessment (application)— the fee for carrying out the assessment under schedule 3, item 9; the fee for travel associated with carrying out the assessment under schedule 3, item 10.
(a) before the commencement— (i) a person made an application of a type mentioned in section 103 (1) (a) or (b) of the Act ; and (ii) the person gave the chief executive written consent to an official assessment (application) of an animal, enclosure or place to which the application relates; and
(i) a person made an application of a type mentioned in section 103 (1) (a) or (b) of the Act ; and
(ii) the person gave the chief executive written consent to an official assessment (application) of an animal, enclosure or place to which the application relates; and
(b) from the commencement, the official assessment (application) is carried out.
(i) a person made an application of a type mentioned in section 103 (1) (a) or (b) of the Act ; and
(ii) the person gave the chief executive written consent to an official assessment (application) of an animal, enclosure or place to which the application relates; and
(a) the fee for carrying out the assessment under schedule 3, item 9;
(b) the fee for travel associated with carrying out the assessment under schedule 3, item 10.
sch.2-pt.1
Species of authorised animals
Species of authorised animals
sch.2-pt.2
Authorised animals
Authorised animals
sch.2-pt.2-div.1
General information
General information
sch.2-pt.2-div.2
Exhibition information
Exhibition information
sch.2-pt.2-div.3
Health information
Health information
sch.2-pt.2-div.4
Quarantine information
Quarantine information
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
sec.1 Short title
sec.1 Short title
This regulation may be cited as the Exhibited Animals Regulation 2016 .
sec.2 Commencement
sec.2 Commencement
This regulation commences on 1 July 2016.
sec.3 Definitions
sec.3 Definitions
The dictionary in schedule 4 defines particular words used in this regulation.
pt.2 Authorised animals
Authorised animals
sec.4 Authorised animals (category C1)— Act , s 35
sec.4 Authorised animals (category C1)— Act , s 35
For section 35 (2) of the Act , each authorised animal (category C) mentioned in schedule 1 is an authorised animal (category C1).
pt.3 Mandatory conditions of exhibited animal authorities
Mandatory conditions of exhibited animal authorities
pt.3-div.1 Preliminary
Preliminary
sec.5 Definitions for part
sec.5 Definitions for part
In this part—
group animal means any of the following authorised animals—
an animal of a species exhibited in a group of animals of the species (the exhibited group ), if—
the exhibited group is of a size making it impracticable to identify the animal as a particular animal; and
animals of the species would normally live in the wild in groups no smaller than the exhibited group;
a school of fish of a species that in the wild would live in schools
an animal of a species that, on average, has a life expectancy of less than 3 years;
an animal that, as an adult animal in the wild, would normally weigh less than 20g;
an immature vertebrate that is dependent on the care of an adult animal for its survival;
an animal whose immature form makes it impracticable to identify the animal as a particular animal.
a clutch of eggs being incubated
prescribed way , for identifying an authorised animal as a particular animal, means—
a microchip inserted into the animal from which a unique identifying code for the animal can be reproduced; or
a tattoo on the animal’s skin showing a unique identifying code for the animal; or
an ear tag or leg band attached to the animal showing a unique identifying code for the animal.
(a) an animal of a species exhibited in a group of animals of the species (the exhibited group ), if— (i) the exhibited group is of a size making it impracticable to identify the animal as a particular animal; and (ii) animals of the species would normally live in the wild in groups no smaller than the exhibited group; Example of an animal for paragraph (a) — a school of fish of a species that in the wild would live in schools
The regulation does not itself specify enforcement penalties. Instead, it frames many obligations as conditions of an exhibited animal authority (see s 6) or as record requirements prescribed for the Act (s 15). That means non-compliance interacts with the enforcement regime and penalty provisions in the parent Act, which are not reproduced in the text provided.
Incentives and compliance mechanics are explicit. The regulation creates duties for authority holders (holders of exhibition licences and interstate exhibitors permits) to identify animals, maintain and provide records, and notify regulators within fixed short timeframes (7 days for record creation and for notice of loss; 14 days before arrival for interstate exhibits). It also creates a narrowly framed health-exemption pathway via a signed veterinary certificate. Fees are set out in schedule 3, and specific transitional fee exemptions are available for certain official assessments where the applicant previously consented (s 21, as amended 2024). The chief executive is the principal administrative recipient of notices and records (see ss 12, 14).
Overall, the instrument converts detailed operational obligations (identification, signage, records, desexing, timing of notifications) into enforceable licence conditions and recordkeeping standards under the Act. The practical effect is to allocate compliance costs to authority holders, require veterinary input for some exceptions, and vest timing and record-location requirements that will shape exhibitor behaviour.
Main concepts
The regulation organises around a small set of recurring regulatory concepts: authorised animals and their categorisation, “group animal” and identification rules, mandatory licence conditions, record requirements, exemptions on animal welfare grounds, and fee/transitional provisions. Each concept is defined or operationalised in a short number of provisions.
Authorised animals and categories. Section 4 maps each authorised animal mentioned in schedule 1 to “authorised animal (category C1)” for the purposes of Act s 35(2). The regulation therefore interacts with the Act’s classification scheme; the text supplied does not reproduce the Act’s classification criteria, but s 4 makes clear that schedule 1 animals are treated as category C1.
Group animal. The regulation defines “group animal” in s 5. The definition is nuanced. A group animal includes animals exhibited in a group where the group size makes it impracticable to identify an individual. The definition covers species that naturally live in groups no smaller than the exhibited group; examples include schools of fish. It also captures animals based on life expectancy (average less than 3 years), adult weight (normally less than 20 g), immature vertebrates dependent on adult care, animals whose immature form makes individual identification impracticable (for example, a clutch of eggs), and other forms where practical identification is infeasible. This definition is central because several identification obligations expressly do not apply to group animals (see s 8).
Prescribed way to identify. Section 5 defines “prescribed way” for identifying an authorised animal as: a microchip implanted providing a unique code; a tattoo on the animal showing a unique code; or an ear tag or leg band with a unique code. These are the statutory minimum labelling technologies mandated where a “prescribed way” is required.
Mandatory conditions and their legal footing. Part 3 is presented as prescribing mandatory conditions for the purposes of Act s 69 (s 6). Those mandatory conditions include signage of enclosures with common and scientific names (s 7), specific forms of identification for category B animals (ss 9-10), mechanisms for exemptions from prescribed identification when a veterinary surgeon certifies serious risk (s 11), and administrative notification duties like reporting loss of required records (s 12). Making these obligations conditions of the authority means a breach is a breach of licence conditions under the Act framework.
Record requirements. Part 4 prescribes record requirements “for the holder of an exhibited animal authority for exhibiting or dealing with an authorised animal” as required by Act s 86 (s 15). Section 16 directs holders to record information listed in schedule 2 part 1 for each species and schedule 2 part 2 for each authorised animal, and to make those written records as soon as practicable but no later than seven days after becoming aware of the information. Section 17 prescribes retention periods: records must generally be kept until the end of the first of a set of two-year periods tied to death of the animal, cessation of authorised animal status, termination of the authority, or the holder ceasing to be the holder. Section 18 requires that exhibition licence holders who sell/give an authorised animal under Act s 42 must give the transferee a copy of the record when possession is taken.
Exemptions and veterinary certification. Section 11 provides a constrained exemption pathway. A veterinary surgeon can sign an exemption certificate stating that identifying the animal in the prescribed way would pose a serious risk to its health. When a certificate is obtained the holder is not required to use the prescribed way but must ensure the animal is identified in another effective way not mentioned as restricted in the certificate.
Miscellaneous and fees. Section 19 states that fees payable under the Act are in schedule 3. Transitional provisions carry forward identification requirements for animals possessed before commencement (s 20) and create an exemption from some fees for official assessments where prescribed prior consent conditions are met (s 21). The regulation therefore integrates operational rules with administrative fees and transitional arrangements.
These main concepts map regulatory responsibilities to particular actors (authority holders, veterinary surgeons, the chief executive) and to specific activities (signage, identification, recordmaking, desexing, noticegiving). The concepts repeatedly emphasise time-limited duties (7 days, 14 days) and technocratic forms of proof (signed veterinary certificates, records that must be written).
Who it affects
The regulation imposes obligations and creates administrative interactions that primarily affect the following parties.
Holders of exhibited animal authorities. The term authority holder is used throughout. Obligations relating to signage (s 7), identification (ss 9-11), loss-notification (s 12), desexing adult rabbits (s 13), interstate exhibitor notice (s 14), and record creation and retention (ss 16-18) are framed explicitly as conditions of an exhibited animal authority or as record requirements under the Act (ss 6, 15). Exhibition licence holders have particular duties such as keeping records at every premises where a regular enclosure site for the animal is located (s 17 second subsection) and providing records to a person who acquires an animal (s 18).
Interstate exhibitors permit holders. The regulation treats interstate exhibitors permits differently in some respects. Section 10(4) makes it a condition of an interstate exhibitors permit that an authorised animal be identified as a particular animal in a prescribed way. Section 14 requires interstate exhibitors permit holders to give the chief executive at least 14 days’ notice before bringing an authorised animal into the State, with a requirement to notify changes as soon as practicable.
Veterinary surgeons and veterinary practitioners. The regulation creates a gatekeeping role for veterinary professionals. Section 11 permits a signed certificate from a veterinary surgeon to exempt a holder from prescribed identification methods for health reasons, but still requires an alternative effective identification. Section 13 requires a signed certificate from a veterinary surgeon or veterinary practitioner confirming desexing of an adult rabbit or certifying that desexing would pose a serious health risk. The regulation references the Veterinary Surgeons Act 1936 for the definition of veterinary practitioner (s 13).
The chief executive. Notices and records are to be given to the chief executive in several provisions: notice of loss of required records (s 12) and arrival/departure notifications for interstate exhibits (s 14). The chief executive is therefore the regulatory official responsible for receipt of those administrative filings.
Persons acquiring animals from exhibition licence holders. When an authorised animal is sold or given under Act s 42, the exhibition licence holder must give the acquirer a copy of the record for the animal when possession changes hands (s 18). This creates a producer-to-buyer information flow.
Holders of exhibition premises. Exhibition licence holders must keep records at each premises where a regular enclosure site is located (s 17). That spreads recordkeeping obligations across multiple physical locations where an exhibitor operates.
Secondary effects fall on business processes and suppliers. Exhibition operators will have to incorporate microchipping, tattooing, ear-tagging or leg-banding systems where the prescribed way is required (s 5), allocate staff time to prepare and make records within seven days (s 16), store records for the stated retention periods (s 17), and work with veterinary professionals for certificates (ss 11, 13). They will also face fee liabilities per schedule 3 (s 19), unless a narrow transitional exemption applies for certain official assessments where prior consent was given (s 21).
Who does not bear the principal burdens is also evident. The regulation excludes group animals from subdivisions requiring individual identification (s 8), so operators of group exhibitions (for example schools of fish where individuals cannot reasonably be identified) avoid the prescribed identification obligations. The regulation therefore creates differential burdens depending on species, group structure, size and life stage.
The Act itself is referenced repeatedly (s 4 cross-references Act s 35; Pt 3 is prescribed for Act s 69; Pt 4 for Act s 86; s 14 references Act s 68(3); s 18 references Act s 42; s 21 references Act s 103(1)(a) or (b)). This means that authority holders must navigate both the regulation and the Act. The regulation’s obligations are operationalised through licence conditions and record prescriptions under the Act’s regulatory framework.
Key duties and rights
The regulation creates a compact set of duties for authority holders and limited rights or avenues for exception. Key duties, tied to specific sections, are as follows.
Identification and signage duties
Signage: If an authorised animal is in an enclosure, the holder must ensure a sign in a prominent position on the enclosure states the scientific and common names of the species (s 7).
Identifying particular animals (category B): For category B animals that are frogs, gliders or rodents, the holder must ensure each particular animal is identified either in a prescribed way or in another way that effectively identifies the animal, and there must be a photograph showing distinguishable markings or colourations (s 9(1)). For dingoes and rabbits in category B, identification must be in a prescribed way (s 9(1)(b)).
Identifying other category B and category C animals: For category B animals not covered by s 9 and for category C animals, identification must be in a prescribed way or by another effective method. However, if the animal is exhibited outside its regular enclosure or regular enclosure site, the exhibition licence requires prescribed-way identification; interstate exhibitors permits require prescribed-way identification at all times (s 10).
Prescribed ways. The regulation prescribes the acceptable technological methods for identification as microchips, tattoos showing a unique code, or ear tags/leg bands showing a unique code (s 5 definition of prescribed way).
Exemptions and alternative identifications
Veterinary exemption: Sections 9 and 10 do not require prescribed-way identification where the holder obtains a signed certificate from a veterinary surgeon stating that identifying the animal in the prescribed way would pose a serious risk to its health (s 11(1)). Even with that exemption, the holder must ensure the animal is identified in another way that effectively identifies the animal as a particular animal, excluding any prescribed way mentioned in the certificate (s 11(2)).
Record creation, retention and disclosure duties
Record creation: Holders must make a written record of the information in schedule 2 part 1 for each species and schedule 2 part 2 for each authorised animal as soon as practicable and no later than seven days after becoming aware or reasonably ought to have become aware of the information (s 16).
Record retention: Records must be kept until the end of the first of such two-year periods as apply: two years after death; two years after the animal ceased to be an authorised animal under the authority; two years after the authority ends; or two years after the holder stops being the holder. Exhibition licence holders must keep each animal’s records at each premises where a regular enclosure site for the animal is located (s 17).
Reporting loss: If a required record is lost (including destruction, theft, illegibility or inability to reproduce an electronic record), the holder must notify the chief executive as soon as practicable but within seven days after the loss (s 12).
Transfer disclosures: An exhibition licence holder who sells or gives an authorised animal under Act s 42 must give the transferee a copy of the record when the transferee takes possession of the animal (s 18).
Rabbit desexing duty
Adult rabbits: If the exhibited animal authority covers an adult rabbit, the holder must either ensure the rabbit is desexed and obtain a signed certificate from a veterinary surgeon or veterinary practitioner stating the rabbit has been desexed, or obtain a signed veterinary surgeon certificate that desexing would pose a serious health risk (s 13(2)). The timing depends on whether the holder obtained the rabbit as an adult (then as soon as practicable) or otherwise before six months of age (no later than when the rabbit is six months old) (s 13(3)).
Interstate exhibitor notice duty
Arrival/departure notice: For interstate exhibitors permits, at least 14 days before bringing an authorised animal into the State the holder must give the chief executive notice of the proposed arrival and departure days. If the holder expects or ought reasonably to expect a change, they must notify the chief executive as soon as practicable (s 14). Section 68(3) of the Act is referenced for the maximum term of an interstate exhibitors permit.
Fees
Fees payable under the Act are set out in schedule 3 (s 19). The regulation also contains a transitional exemption from payment of certain fees for official assessments where prior written consent was given before the commencement and the official assessment is carried out from the commencement (s 21).
Rights and limited discretion
Right to use alternative identification: Where the regulation allows identification “in another way that effectively identifies the animal as a particular animal” (ss 9(1), 10(2)), the holder may choose a method other than the prescribed way, provided it effectively identifies the animal.
Right to an exemption on health grounds: A holder may obtain a signed certificate from a veterinary surgeon that identification in the prescribed way would pose a serious risk to health and thereby avoid the prescribed-way obligation, but the holder must still ensure an effective alternative identification (s 11).
Transitional identification condition: For animals possessed immediately before commencement, s 20 creates a transitional condition that the animal must be identified in a prescribed way or by another effective method while the holder possesses the animal; while that condition applies, other conditions in s 10(3) and (4) do not apply to that exhibited animal authority.
Legal form of the duties
Many obligations are explicitly labelled as “a condition of an exhibited animal authority” (see ss 6, 7, 9-14). The religious or personal rights of owners are not discussed; the regulation frames obligations as licence conditions, situating compliance and remedies under the Act’s regulatory framework.
Taken together, these provisions impose a combination of technology-based identification duties, recordkeeping and disclosure duties with tight timelines, a veterinary-based health-exemption path, species-specific reproductive control requirements for rabbits, and procedural notification duties for interstate exhibitions. The rights created are limited and tightly coupled to specific procedural requirements in the regulation.
Penalties and enforcement
The regulation itself does not enumerate specific penalties, fines or enforcement procedures. Instead, it prescribes mandatory conditions of exhibited animal authorities and record requirements referenced to the enforcement provisions contained in the parent Act. The key mechanical points about penalties and enforcement, as can be read from the instrument, are the following.
Licence conditions as enforcement triggers. The regulation states that Part 3 prescribes mandatory conditions of an exhibited animal authority for the purposes of Act s 69 (s 6). Where a regulation prescribes licence conditions under the Act, non-compliance is typically actionable under the Act’s enforcement and sanctioning regime. The regulation therefore converts operational obligations (signage, identification, recordkeeping, desexing, notices) into conditions whose breach will fall to be dealt with under the Act’s powers. The regulation does not restate those Act enforcement powers, so users must consult the Act for civil penalty provisions, suspension/cancellation powers, infringement notices, or criminal sanctions that the Act supplies for breaches of authority conditions.
Record requirements as statutory obligations. Part 4 prescribes record requirements for the holder of an exhibited animal authority under Act s 86 (s 15). Again, the regulation does not detail the consequences of failing to comply with s 86, but the fact of prescription implies the Act provides regulatory oversight and enforcement tools for non-compliance with record obligations.
Administrative notifications and timelines. The instrument specifies short administrative deadlines: make written records within seven days of becoming aware (s 16); notify the chief executive within seven days of loss of a required record (s 12); give 14 days’ notice to the chief executive before bringing an animal into the State for interstate exhibitors (s 14). These timeline obligations are likely to be relevant in enforcement decisions, but the regulation does not state whether late compliance attracts specific graduated penalties.
Role of the chief executive. Notices and records are to be given to the chief executive (ss 12, 14, 18). The regulation therefore places the chief executive at the centre of compliance monitoring, and the chief executive will be the administrative actor likely to take enforcement steps under the Act. The regulation does not elaborate the chief executive’s discretionary powers in enforcement; those remain within the Act’s scope.
Evidence and proof. Several duties require signed evidence from veterinary persons (ss 11, 13). A signed veterinary certificate is the statutory instrument for a health-based exemption from prescribed identification or as proof of desexing. In enforcement contexts, these signed certificates will form primary statutory evidence of compliance with exemption pathways and desexing obligations.
Fees and enforcement. Section 19 states that fees payable under the Act are set out in schedule 3. The regulation does not say whether non-payment of fees is a separately enforceable offence or a ground for suspension or cancellation of an authority. Those enforcement consequences will depend on the Act and the terms of the schedule.
Given the regulation’s architecture, enforcement will be procedural and administrative: the regulation sets conditions and record prescriptions; the Act determines sanctions and enforcement remedies. This gives the regulator (chief executive and agency staff) a compliance-monitoring role and leaves the precise nature of penalties, infringement notices, or prosecution to the Act’s statutory framework. Authority holders should therefore consult the parent Act to determine specific penalties and to plan compliance measures.
How it interacts with other laws
The regulation explicitly cross-references several provisions of the parent Act and at least one external statutory instrument. Interaction occurs by prescriptive cross-reference and by reliance on professional definitions. The main interactions evident in the text are as follows.
Interaction with the Act
The regulation is framed as implementing statutory powers and prescription under the Act. Part 3 prescribes mandatory conditions for Act s 69 (s 6). Part 4 prescribes record requirements for Act s 86 (s 15). Section 4 explicitly applies schedule 1 animals to Act s 35(2) as authorised animals (category C1). Sections 14, 18 and 21 refer directly to Act s 68(3), s 42 and s 103(1)(a) or (b) respectively. The regulation therefore operates within the statutory architecture of the Act, converting operational obligations into licence conditions and record requirements that the Act enforces.
Because the regulation does not reproduce enforcement or penalty provisions, the Act will supply that enforcement architecture. For practical compliance and enforcement interpretation, one must read the Act’s provisions cited (s 35, s 42, s 68(3), s 69, s 86, s 103) alongside the regulation.
Interaction with professional regulation
Section 13 defines “veterinary practitioner” by reference to the Veterinary Surgeons Act 1936 schedule. Section 11 and section 13 require signed certificates from a veterinary surgeon or veterinary practitioner. That ties the evidentiary function of veterinarian certificates to the definitions and professional regulatory context established by the Veterinary Surgeons Act 1936. The scope of who may sign a certificate, and the legal accountability attaching to such certificates, therefore depends on that other statute.
Interaction with other administrative instruments and schedules
The regulation relies on internal schedules for operational detail. Schedule 2 is the source of the precise information fields to be recorded (s 16), but the provided text only includes headings (species information, exhibition information, health, quarantine). Schedule 3 sets the fees under the Act (s 19). Schedule 4 is referenced for definitions (s 3). Readers must consult those schedules and the Act to know the full compliance obligations and fee amounts. The instrument also includes transitional provisions that interact with specific subordinate legislation amendments (for example, transitional provision for SL No. 69 of 2016 and for the Exhibited Animals (Fees) Amendment Regulation 2024), indicating that this regulation is part of a sequence of subordinate instruments.
Section 21 implements a transitional fee exemption tied to a particular amendment instrument (Exhibited Animals (Fees) Amendment Regulation 2024), exempting applicants from the fee for certain official assessments and travel fees where specific pre-commencement consents were given.
Administrative interaction with the regulator
The chief executive is the recipient of notices and records (ss 12, 14, 18). The regulation explicitly structures administrative reporting to a central regulator, thus linking the exhibitor’s obligations to the regulator’s recordkeeping and compliance functions under the Act.
Sectoral and practical interactions
The identification methods required (microchip, tattoo, ear tag/leg band) implicate animal-identification supply chains and veterinary services. Exhibitors will therefore interact with suppliers of microchips and tag materials and with veterinary services for implantation, tattooing and certification. Where a veterinary certificate is required for an exemption or to confirm desexing, the regulatory validity of that certificate depends on the professional definitions in the Veterinary Surgeons Act 1936.
The regime imposes particular obligations on interstate exhibitors, requiring advance notice and change notifications, which will interact with biosecurity, transport and animal welfare regimes. The text, however, does not explicitly reference biosecurity or quarantine statutes; it does include a quarantine information heading in schedule 2.
In sum, the regulation is designed to work as subordinate rules within the Act’s compliance and enforcement architecture and relies on a veterinary professional regulatory framework to give effect to health-based exemptions and certificates. The practical legal effect of some provisions will therefore depend on how the Act and the Veterinary Surgeons Act 1936 define enforcement, offences, and professional responsibilities.
Amendment history
The instrument contains explicit amendment and transitional notes in its text. The key historical and amendment milestones set out in the regulation are as follows.
Commencement. The regulation commenced on 1 July 2016 (s 2). This establishes the operative date for the mandatory conditions and record requirements contained throughout the instrument.
Transitional provision for SL No. 69 of 2016. The regulation includes a transitional provision (Pt 6 Div 1) with section 20 that applies to exhibited animal authorities for animals to which section 10 applies where the authority holder possessed the animal immediately before commencement. Section 20 makes it a condition of the exhibited animal authority that the holder must ensure the animal is identified either in a prescribed way or in another effective way while the holder possesses the animal. It also provides that while that transitional condition applies, certain conditions in section 10(3) or (4) do not apply to that particular exhibited animal authority (s 20(3)). The presence of this transitional provision indicates the drafter intended to avoid immediate application of section 10(3) or (4) to animals already held at commencement, while still requiring identification by prescribed way or equivalent.
Amendments in 2024. The text records at least two modifications in 2024:
Section 19 (Fees) was amended as indicated by the marginal note “s 19 amd 2024 SL No. 108 s 4”. This signals an amendment to fees or to the manner of fees being stated in schedule 3 effected by SL No. 108 of 2024, section 4. The provision now simply states that fees payable under the Act are in schedule 3.
Section 21 was inserted by the Exhibited Animals (Fees) Amendment Regulation 2024, as shown by “s 21 ins 2024 SL No. 108 s 7”. Section 21 creates a transitional fee exemption for official assessments where a person made an application before the commencement, gave written consent to the official assessment, and the assessment is carried out from the commencement. The person is exempt from the fees for carrying out the assessment (schedule 3 item 9) and for travel associated with carrying out the assessment (schedule 3 item 10).
Internal cross-references to subordinate instruments. The transitional headings identify specifically that the regulation contains divisions applying to SL No. 69 of 2016 and the Exhibited Animals (Fees) Amendment Regulation 2024, pointing to a legislative evolution in which the fees regime has been updated and transitional arrangements provided.
Schedule-based amendments. The instrument’s reliance on schedules for species lists (schedule 1), record information (schedule 2), fees (schedule 3) and definitions (schedule 4) means that amendment of those schedules (or modification by regulation) would alter operational detail without necessarily altering the principal body of the regulation. The text supplied does not reproduce the full contents of schedule 2 or schedule 3; it does however show the schedule headings. Any subsequent amendment to schedule 3 (fees) is signalled by the 2024 amendment notation to s 19.
The amendment history as recorded in the text is narrow. It shows the regulation’s original commencement in 2016, the insertion of a transitional fee exemption provision in 2024, and an amendment to the fees provision in 2024. The text does not provide a consolidated amendment table beyond those marginal notes. For practical compliance, readers should consult the official consolidated version of the regulation and schedule 3 to identify current fee amounts and any additional amendments not captured in the excerpt provided.
Litigation history
The regulation text does not list or cite any judicial decisions, tribunals, or litigation outcomes. No cases are named within the instrument. Consequently, the document itself contains no recorded litigation history or authoritative judicial interpretation of its provisions.
Where litigation or disputes are likely to arise, the regulation’s language identifies potential interpretive hotspots even though no cases are supplied in the text. Those likely areas of dispute include:
Meaning of “effectively identifies” and evidentiary sufficiency. Sections 9 and 10 permit identification either “in a prescribed way” or “in another way that effectively identifies the animal as a particular animal”. That alternative formulation gives rise to a fact-sensitive assessment of whether a chosen alternative method is effective. Disputes could centre on whether photographs of markings suffice, whether temporary markings satisfy the test, and who bears the evidentiary burden to prove an alternative method is effective.
Scope and application of “prescribed way”. The regulation defines prescribed ways (microchip, tattoo, ear tag/leg band) in s 5. Litigation might arise over whether specific technologies or tagging methods fall within that definition, or whether non-standard initiation or implantation methods meet the statutory standard.
Application of the “group animal” exemption. Section 8 excludes group animals from the subdivision requiring individual identification, and s 5 gives a layered definition of group animal (size making individual identification impracticable; species’ natural group size; life expectancy; weight; immature dependency; immature form). Disputes could arise about whether a particular exhibit qualifies as a group animal under the regulation’s multi-part definition, especially at the margins where identification is possible but operationally costly.
Veterinary exemption scope. Section 11 allows an exemption from the prescribed way where a veterinary surgeon signs a certificate that the prescribed way would pose a serious risk to the animal’s health. Litigation could arise over the sufficiency and content of veterinary certificates, whether the certificate must be specific about the prescribed method it covers, and whether the regulator may challenge or reject a certificate’s adequacy.
Timing and adequacy of records. Section 16 requires written records "as soon as practicable, but no later than 7 days" after becoming aware or reasonably ought to have become aware of the information. This twin objective test (actual awareness versus constructive awareness) is liable to factual contest and possible legal challenge over whether a reasonable person standard was applied by the regulator in enforcement action.
Notification of loss. Section 12 requires notice of loss of a required record "as soon as practicable but no later than 7 days". Litigation could involve the reasonableness of delay or the sufficiency of attempts to reproduce an electronic record.
Desexing obligations and health exceptions for rabbits. Section 13 mandates desexing or a veterinary certificate, with timing provisions depending on when the rabbit was obtained. Litigation may relate to the interpretation of “as soon as practicable” for adult rabbits obtained as adults and to what qualifies as an acceptable certificate stating desexing would pose a serious risk.
Because the regulation embeds its duties as conditions of licences and record prescriptions under the Act, litigation about enforcement, penalties, or administrative decisions will necessarily involve the Act’s enforcement framework. In the absence of case law in the regulation text, administrative decisions will likely form the primary track for dispute resolution, with review avenues and appeal mechanisms defined by the Act and general administrative law principles.
For practitioners, the absence of reported litigation in the instrument means there is no standing judicial guidance in the text on how ambiguous terms have been construed. Advisers should therefore consider how administrative bodies have interpreted these provisions in enforcement notices or internal guidance, and be prepared to litigate or seek merits review in the event of enforcement action where statutory terms (for example “effectively identifies” or “as soon as practicable”) are in dispute.
Gotchas
The regulation contains multiple stringent timelines, conditional exemptions, and nuanced definitions that create practical compliance traps. The following are specific “gotchas” drawn from the text.
Tight seven-day timing for records
Creation deadline. Section 16 requires that the written record of specified information must be made “as soon as practicable, but no later than 7 days” after the holder becomes aware or ought reasonably to have become aware of the information. The dual phrase encompasses both actual awareness and constructive awareness, and the seven-day outer limit is short. Failing to make the written entry within this period exposes holders to compliance risk under the Act because these are prescribed record requirements (s 15).
Loss notification similarly short. Section 12 requires notice to the chief executive of loss of a required record “as soon as practicable but no later than 7 days after the loss.” The definition of loss in s 12 includes theft, destruction, illegibility for paper records, and inability to reproduce electronic records. Exhibitors relying heavily on electronic records need tested backup and recovery processes to avoid breaching the seven-day notice obligation in the event of system failure.
Retention obligations at multiple locations
Exhibition licence holders must keep each authorised animal’s record at each premises where a regular enclosure site for the animal is located (s 17(2)). This requires multi-site record synchronisation or duplication policies. Failure to have the records at the relevant site may be treated as non-compliance.
Prescribed way versus alternative identification
Prescribed ways (microchip, tattoo, ear tag/leg band) are the default technological methods (s 5). Where the regulated text allows an alternative “that effectively identifies,” the standard is subjective and potentially contestable (ss 9-10). For certain species (dingo and rabbit in category B), the regulation requires prescribed-way identification (s 9(1)(b)). Practitioners should be cautious about relying on photographic evidence alone unless confident it meets the “effective” standard.
Group animal exclusion traps
The exclusion of group animals from the identification subdivision (s 8) depends on the statutory definition of group animal (s 5), which contains multiple alternative tests (size making identification impracticable; species’ natural group size; life expectancy under three years; adult weight less than 20 g; immature vertebrates dependent on adult care; immature form impracticable for identification). Exhibitors should carefully assess which limb of the definition applies. For example, a species that normally lives in smaller groups in the wild but is exhibited in a larger group may not qualify for the group animal exclusion.
Interstate exhibitor identification stricter
Section 10(3) requires that where an authorised animal is exhibited outside its regular enclosure or regular enclosure site under an exhibition licence, it must be identified in a prescribed way. Moreover, section 10(4) requires interstate exhibitors permits to ensure identification as a particular animal in a prescribed way. This means temporary offsite exhibitions often will require microchipping, tattooing or ear-tagging, not merely photographic or other alternative identification.
Dental- or health-sensitive animals and limited exemption
The veterinary exemption in s 11 only applies where a veterinary surgeon signs a certificate stating that using the prescribed method would pose a serious risk to the animal’s health. Even with that certificate, holders must still identify the animal in another way not mentioned in the certificate that effectively identifies the animal as a particular animal. Securing a certificate does not remove the identification obligation; it narrows the permissible methods.
Rabbits , timed desexing obligation
Section 13 applies to an exhibited animal authority for an authorised animal that is an adult rabbit. The holder must ensure the rabbit is desexed and obtain a signed certificate confirming desexing, or obtain a signed veterinary certificate that desexing would pose a serious risk. Timing is critical: if the holder obtains the rabbit as an adult, compliance is “as soon as practicable”; otherwise, the rabbit must be desexed no later than when it is six months old. The term “as soon as practicable” may be interpreted strictly in enforcement (see the earlier note on interpretive risk).
Record content not fully reproduced in the text excerpt
Section 16 mandates recording the information in schedule 2 part 1 for each species and schedule 2 part 2 for each authorised animal. The supplied text only shows schedule 2 headings, not the fields. Practitioners must inspect schedule 2 in the consolidated regulation to ascertain specific data fields and avoid missing mandatory items.
Transitional identification rule nuances
Section 20 provides transitional application for animals possessed immediately before commencement. While it permits either prescribed way or another effective way, it disapplies conditions in s 10(3) and (4) while the transitional condition applies. That means that animals that were lawfully possessed before the regulation commenced still must be identified, but certain additional obligations about offsite exhibitions or interstate permit obligations may not apply while the holder continues to possess the animal. Exploitative reliance on the transitional rule can be risky because it ends when the holder ceases to possess the animal.
Fees and transitional exemptions
Section 19 indicates fees are in schedule 3, but the provided text does not show amounts. Section 21 provides a narrow exemption from fees for official assessments in limited circumstances for applications made before the commencement and where written consent was given for an official assessment. This exemption only covers two items in schedule 3 (item 9 and item 10). Holders should not assume general fee waivers exist.
Documentation standards and signatures
Several provisions require signed certificates (ss 11, 13). The regulation treats the signed veterinary certificate as the authorised form of proof. The regulation does not specify electronic versus physical signatures; holders should obtain clear, dated, signed and printed certificates that unambiguously identify the animal and the method or health risk referred to.
In summary, tight deadlines, multi-site retention requirements, the nuanced group animal definition, the restricted nature of the veterinary exemption and the differential rules for interstate exhibitions create operational complexity. To avoid compliance gaps, holders must map species to the definitions in s 5, adopt standard operating procedures to meet seven-day deadlines, maintain multi-site record copies where appropriate, and obtain and keep appropriately signed veterinary certificates and desexing evidence.
How to comply
This section sets out a practical compliance checklist and operational steps, grounded in the specific text of the regulation. It assumes the reader will consult the relevant parts of the Act and the full consolidated regulation (schedules included) for complete operational detail.
Confirm authority type and applicable obligations
Determine whether you are an exhibition licence holder or an interstate exhibitors permit holder. Many obligations are framed differently for exhibition licences and interstate permits (see ss 10 and 14). Exhibition licence holders must keep records at each premises with a regular enclosure site for the animal (s 17(2)); interstate permit holders must give the chief executive 14 days’ notice before bringing an animal into the State (s 14).
Classify animals against the regulation’s definitions
For each species and individual animal, determine whether it is an “authorised animal (category B)” or “authorised animal (category C)” as relevant under the Act and whether any listed species are in schedule 1 as category C1 (s 4). Use schedule 4 for additional defined terms referenced in the regulation (s 3).
Assess whether the animal is a “group animal” under s 5 (apply each limb: group size impracticability, natural group size in the wild, life expectancy <3 years, adult weight <20 g, dependent immature vertebrate, immature forms impracticable to identify). If the animal qualifies as a group animal, note that the subdivision requiring identification does not apply (s 8).
Implement identification systems
Where a prescribed way is required, implement microchipping, tattooing or ear-tag/leg-band systems as set out in s 5. Ensure each implant/tag/tattoo displays or stores a unique identifying code.
For animals where alternatives are permitted, ensure the alternative will “effectively identify” the animal and retain documentary evidence (for example, detailed photographs showing unique markings with dates and metadata). For category B frogs, gliders or rodents, maintain photographs showing distinguishable markings or colourations (s 9(1)(a)).
For dingoes and rabbits in category B, use only prescribed ways unless a veterinary surgeon issues an exemption (s 9(1)(b)).
Prepare for veterinary exemptions
Where the prescribed way poses a health risk, obtain a signed exemption certificate from a registered veterinary surgeon stating that the prescribed method would pose a serious risk to the animal’s health (s 11(1)). The certificate should explicitly state which prescribed ways are contraindicated and the nature of the health risk. Even with a certificate, implement an alternative identification method that “effectively identifies” the animal and document why the alternative is sufficient (s 11(2)).
Desexing and certification for rabbits
For adult rabbits under an exhibited animal authority, ensure desexing occurs and obtain a signed certificate from a veterinary surgeon or veterinary practitioner confirming desexing (s 13(2)(a)), or a veterinary surgeon’s certificate that desexing would pose a serious risk (s 13(2)(b)).
Observe timing: if the rabbit was obtained as an adult, desex “as soon as practicable”; if the animal was obtained before adult stage, desex no later than six months old (s 13(3)). Keep the signed certificate in the animal’s record.
Build recordkeeping systems meeting the statutory fields and timeframes
Consult schedule 2 part 1 and part 2 to identify required fields for species-level and animal-level records (s 16). The provided text lists only headings; the full schedule contains the mandatory fields.
Create written records as soon as practicable and no later than seven days after becoming aware of the information (s 16(2)). Implement processes for staff to capture events and update records within the seven-day window.
Retain records until the earliest of the applicable two-year endpoints set out in s 17(1): two years after death; two years after the animal stops being an authorised animal under the authority; two years after the exhibited animal authority ends; or two years after the holder stops being the holder. For exhibition licence holders, maintain records at each premises where a regular enclosure site is located (s 17(2)).
Prepare data security and backup for records and loss-notification plans
Use reliable storage and routine backups for paper and electronic records. The regulation treats inability to reproduce an electronic record in legible form as a loss (s 12 definition of “loss”), so test backups and recovery plans to avoid triggering regulatory notice obligations.
If a required record is lost, notify the chief executive as soon as practicable but within seven days of the loss (s 12(1)). Keep evidence of notification (date stamped email, proof of posting).
Manage transfers and sales
If an exhibition licence holder sells or gives an authorised animal under Act s 42, provide the transferee with a copy of the record when the transferee takes possession (s 18). Build transfer checklists that include record copy provision as a closing step.
Interstate exhibitor logistics and notices
For interstate exhibitors permits, provide the chief executive with notice at least 14 days before bringing an authorised animal into the State that states the arrival day and the departure day (s 14(1)). If an expected change occurs, notify the chief executive as soon as practicable (s 14(2)).
Where animals will be exhibited outside their regular enclosures or enclosure sites, ensure prescribed-way identification is in place (s 10(3)).
Fees and transitional exemptions
Consult schedule 3 to confirm applicable fees (s 19). Do not assume fee amounts; the schedule sets specific items and amounts.
Where an application was made before the commencement and the applicant gave the chief executive written consent to an official assessment that is carried out from the commencement, itemise whether you qualify for the transitional exemption from fees for the assessment and associated travel (s 21). Verify that the application type meets Act s 103(1)(a) or (b) as referenced.
Documentation standards and proof
Ensure all veterinary certificates are signed, dated and identify the animal and the method or risk in question (ss 11, 13). Keep copies of the certificates in the animal’s record.
Maintain photographs with metadata for identification purposes where photographs are used (s 9(1)(a)). Where alternative identification methods are used, keep documentation explaining why the method is effective.
Internal audit and training
Implement periodic internal audits to verify record creation within the seven-day window, confirm retention across premises for exhibition licences, validate identification methods for animals moved offsite, and check that signed veterinary certificates are present where required.
Train staff on which animals qualify as group animals, the definitions in s 5 (life expectancy, weight thresholds, immature status), and on who may sign veterinary certificates (refer to the Veterinary Surgeons Act 1936 for the definition of veterinary practitioner as referenced in s 13).
Liaise with the regulator
Where ambiguity arises (for example, on whether an alternative identification method will be accepted), seek written clarification from the chief executive before implementing the method to reduce enforcement risk. Keep records of any regulatory correspondence.
Documentation checklists (minimum)
For each animal: species identification sign (s 7), unique ID (prescribed way or documented alternative per ss 9-10), photographic record if applicable, veterinary certificates where used (ss 11, 13), written animal record per schedule 2 (s 16), retention log indicating applicable two-year retention trigger (s 17).
For interstate exhibitions: arrival/departure notice copy filed with chief executive (s 14).
For transfers: copy of animal record given to transferee at possession (s 18).
For lost records: incident report and proof of chief executive notification within seven days (s 12).
By following the checklist, documenting decisions and keeping signed evidence where the regulation requires it, an authority holder will be positioned to demonstrate compliance with the regulation’s core requirements. Practitioners should also cross-check obligations with the parent Act for enforcement details, any additional offences, and appeal mechanisms.
(i) the exhibited group is of a size making it impracticable to identify the animal as a particular animal; and
(ii) animals of the species would normally live in the wild in groups no smaller than the exhibited group;
(b) an animal of a species that, on average, has a life expectancy of less than 3 years;
(c) an animal that, as an adult animal in the wild, would normally weigh less than 20g;
(d) an immature vertebrate that is dependent on the care of an adult animal for its survival;
(e) an animal whose immature form makes it impracticable to identify the animal as a particular animal. Example of an animal for paragraph (e) — a clutch of eggs being incubated
(i) the exhibited group is of a size making it impracticable to identify the animal as a particular animal; and
(ii) animals of the species would normally live in the wild in groups no smaller than the exhibited group;
(a) a microchip inserted into the animal from which a unique identifying code for the animal can be reproduced; or
(b) a tattoo on the animal’s skin showing a unique identifying code for the animal; or
(c) an ear tag or leg band attached to the animal showing a unique identifying code for the animal.
sec.6 Mandatory conditions of exhibited animal authority— Act , s 69
sec.6 Mandatory conditions of exhibited animal authority— Act , s 69
This part prescribes, for section 69 (1) (l) of the Act , mandatory conditions of an exhibited animal authority.
pt.3-div.2 Conditions about identifying authorised animals
Conditions about identifying authorised animals
sec.7 Identifying species of animal in an enclosure
sec.7 Identifying species of animal in an enclosure
It is a condition of an exhibited animal authority that if an authorised animal is in an enclosure, the authority holder must ensure there is attached to the enclosure, in a prominent position, a sign stating the scientific and common names of the species of the animal.
sec.8 Application of subdivision
sec.8 Application of subdivision
This subdivision does not apply to a group animal.
Some authorised animals are group animals only while they are at a particular stage of their development. See section 5 , definition group animal , paragraphs (d) and (e) .
sec.9 Identifying particular authorised animals (category B)
sec.9 Identifying particular authorised animals (category B)
It is a condition of an exhibited animal authority that the authority holder must ensure—
an authorised animal (category B) that is a frog, glider or rodent is identified as a particular animal—
in a prescribed way; or
in another way that effectively identifies the animal as a particular animal; and
by a photograph showing distinguishable markings or colourations on the animal
an authorised animal (category B) that is a dingo or rabbit is identified as a particular animal in a prescribed way.
In this section—
dingo means a dingo ( Canus lupus dingo ).
(sec.9-ssec.1) It is a condition of an exhibited animal authority that the authority holder must ensure— an authorised animal (category B) that is a frog, glider or rodent is identified as a particular animal— in a prescribed way; or in another way that effectively identifies the animal as a particular animal; and by a photograph showing distinguishable markings or colourations on the animal an authorised animal (category B) that is a dingo or rabbit is identified as a particular animal in a prescribed way.
(sec.9-ssec.2) In this section— dingo means a dingo ( Canus lupus dingo ).
(a) an authorised animal (category B) that is a frog, glider or rodent is identified as a particular animal— (i) in a prescribed way; or (ii) in another way that effectively identifies the animal as a particular animal; and Example of another way— by a photograph showing distinguishable markings or colourations on the animal
(i) in a prescribed way; or
(ii) in another way that effectively identifies the animal as a particular animal; and Example of another way— by a photograph showing distinguishable markings or colourations on the animal
(b) an authorised animal (category B) that is a dingo or rabbit is identified as a particular animal in a prescribed way.
(i) in a prescribed way; or
(ii) in another way that effectively identifies the animal as a particular animal; and Example of another way— by a photograph showing distinguishable markings or colourations on the animal
sec.10 Identifying other authorised animals (category B) and authorised animals (category C)
sec.10 Identifying other authorised animals (category B) and authorised animals (category C)
This section applies to an exhibition licence or an interstate exhibitors permit for—
an authorised animal (category B), other than an animal mentioned in section 9 ; or
an authorised animal (category C).
It is a condition of the exhibition licence that the authority holder must ensure the authorised animal is identified as a particular animal—
in a prescribed way; or
in another way that effectively identifies the animal as a particular animal.
However, if the authorised animal is exhibited outside its regular enclosure or a regular enclosure site under the exhibition licence, it is a condition of the licence that the authority holder must ensure the animal is identified as a particular animal in a prescribed way.
It is a condition of the interstate exhibitors permit that the authority holder must ensure the authorised animal is identified as a particular animal in a prescribed way.
See section 20 .
(sec.10-ssec.1) This section applies to an exhibition licence or an interstate exhibitors permit for— an authorised animal (category B), other than an animal mentioned in section 9 ; or an authorised animal (category C).
(sec.10-ssec.2) It is a condition of the exhibition licence that the authority holder must ensure the authorised animal is identified as a particular animal— in a prescribed way; or in another way that effectively identifies the animal as a particular animal.
(sec.10-ssec.3) However, if the authorised animal is exhibited outside its regular enclosure or a regular enclosure site under the exhibition licence, it is a condition of the licence that the authority holder must ensure the animal is identified as a particular animal in a prescribed way.
(sec.10-ssec.4) It is a condition of the interstate exhibitors permit that the authority holder must ensure the authorised animal is identified as a particular animal in a prescribed way. See section 20 .
(a) an authorised animal (category B), other than an animal mentioned in section 9 ; or
(b) an authorised animal (category C).
(a) in a prescribed way; or
(b) in another way that effectively identifies the animal as a particular animal.
sec.11 Exemption from and alternative to identifying animal in a prescribed way
sec.11 Exemption from and alternative to identifying animal in a prescribed way
Despite sections 9 and 10 , an authority holder is not required to ensure an authorised animal is identified in a prescribed way if the holder obtains a signed certificate (an exemption certificate ) from a veterinary surgeon stating that identifying the animal in the prescribed way would pose a serious risk to its health.
However, if the authority holder obtains an exemption certificate for an authorised animal, it is a condition of the authority that the holder must ensure the animal is identified in a way, other than a prescribed way mentioned in the certificate, that effectively identifies the animal as a particular animal.
(sec.11-ssec.1) Despite sections 9 and 10 , an authority holder is not required to ensure an authorised animal is identified in a prescribed way if the holder obtains a signed certificate (an exemption certificate ) from a veterinary surgeon stating that identifying the animal in the prescribed way would pose a serious risk to its health.
(sec.11-ssec.2) However, if the authority holder obtains an exemption certificate for an authorised animal, it is a condition of the authority that the holder must ensure the animal is identified in a way, other than a prescribed way mentioned in the certificate, that effectively identifies the animal as a particular animal.
sec.12 Notifying loss of required record
sec.12 Notifying loss of required record
It is a condition of an exhibited animal authority that if the authority holder loses a required record, the holder must give the chief executive notice of the loss, as soon as practicable but no later than 7 days after the loss.
In this section—
loss , of a required record, includes—
the destruction or theft of the record; and
for a record in paper form—damage to the record causing it to be illegible; and
for a record in electronic form—inability to reproduce the record in a legible form.
required record means a record of information the authority holder is required to keep under section 17 .
(sec.12-ssec.1) It is a condition of an exhibited animal authority that if the authority holder loses a required record, the holder must give the chief executive notice of the loss, as soon as practicable but no later than 7 days after the loss.
(sec.12-ssec.2) In this section— loss , of a required record, includes— the destruction or theft of the record; and for a record in paper form—damage to the record causing it to be illegible; and for a record in electronic form—inability to reproduce the record in a legible form. required record means a record of information the authority holder is required to keep under section 17 .
(a) the destruction or theft of the record; and
(b) for a record in paper form—damage to the record causing it to be illegible; and
(c) for a record in electronic form—inability to reproduce the record in a legible form.
sec.13 Desexing adult rabbit
sec.13 Desexing adult rabbit
This section applies to an exhibited animal authority for an authorised animal that is an adult rabbit.
It is a condition of the authority that the authority holder must—
ensure the rabbit is desexed and obtain a signed certificate from a veterinary surgeon or veterinary practitioner stating the rabbit has been desexed; or
obtain a signed certificate from a veterinary surgeon stating that desexing the rabbit would pose a serious risk to its health.
The authority holder must comply with subsection (2) —
if the holder obtains the rabbit as an adult rabbit—as soon as practicable after obtaining the rabbit; or
otherwise—no later than when the rabbit is 6 months old.
In this section—
adult rabbit means a rabbit that is at least 6 months old.
desex , for a rabbit, means to surgically remove the rabbit’s gonads to make it permanently incapable of reproducing.
veterinary practitioner see the Veterinary Surgeons Act 1936 , schedule .
(sec.13-ssec.1) This section applies to an exhibited animal authority for an authorised animal that is an adult rabbit.
(sec.13-ssec.2) It is a condition of the authority that the authority holder must— ensure the rabbit is desexed and obtain a signed certificate from a veterinary surgeon or veterinary practitioner stating the rabbit has been desexed; or obtain a signed certificate from a veterinary surgeon stating that desexing the rabbit would pose a serious risk to its health.
(sec.13-ssec.3) The authority holder must comply with subsection (2) — if the holder obtains the rabbit as an adult rabbit—as soon as practicable after obtaining the rabbit; or otherwise—no later than when the rabbit is 6 months old.
(sec.13-ssec.4) In this section— adult rabbit means a rabbit that is at least 6 months old. desex , for a rabbit, means to surgically remove the rabbit’s gonads to make it permanently incapable of reproducing. veterinary practitioner see the Veterinary Surgeons Act 1936 , schedule .
(a) ensure the rabbit is desexed and obtain a signed certificate from a veterinary surgeon or veterinary practitioner stating the rabbit has been desexed; or
(b) obtain a signed certificate from a veterinary surgeon stating that desexing the rabbit would pose a serious risk to its health.
(a) if the holder obtains the rabbit as an adult rabbit—as soon as practicable after obtaining the rabbit; or
(b) otherwise—no later than when the rabbit is 6 months old.
sec.14 Notice of arrival in and departure from the State for interstate exhibitors permit
sec.14 Notice of arrival in and departure from the State for interstate exhibitors permit
It is a condition of an interstate exhibitors permit that the authority holder must, at least 14 days before bringing an authorised animal into the State, give the chief executive a notice stating—
the day the animal is to be brought into the State (the arrival day ); and
the day the animal is to be removed from the State (the departure day ).
It is also a condition of the permit that if, after giving the notice, the authority holder expects, or ought reasonably to expect, it will be necessary to change the arrival day or departure day, the authority holder must, as soon as practicable, give the chief executive notice of the change.
See section 68 (3) of the Act for the maximum term of an interstate exhibitors permit.
(sec.14-ssec.1) It is a condition of an interstate exhibitors permit that the authority holder must, at least 14 days before bringing an auth
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